The Times Australia
The Times World News

.
Times Media

.

Morrison's multiple ministries legal but flouted principle of 'responsible government': solicitor-general

  • Written by Michelle Grattan, Professorial Fellow, University of Canberra

Scott Morrison’s action in having himself appointed secretly to multiple ministries was legal but breached “the principle of responsible government”, according to advice from the Solicitor-General, Stephen Donaghue.

Releasing the advice, Anthony Albanese announced the government would set up an inquiry, under an “eminent person with a legal background”, into the former prime minister’s actions.

Albanese said questions that needed examining included: “Why this occurred? How this occurred? Who knew about it occurring? What the implications are for our parliamentary system? Are there any legal implications behind decisions that were made? How can we avoid this happening again?”

Over 2020-21 Morrison had himself appointed to the ministries of health; finance; industry, science, energy and resources; home affairs and treasury. The appointments were not announced, Morrison did not tell cabinet and some of the ministers directly affected did not know.

The advice focused on the resources department, where Morrison overrode the decision of the minister on a gas exploration project, but the findings applied to the departments generally.

The solicitor-general said the constitution’s section 64 empowered the governor-general to appoint multiple ministers to administer a single department.

But under responsible government, outlined in chapter II of the constitution, the executive was responsible to parliament and, through it, to the electorate.

“It is impossible for the Parliament and the public to hold ministers accountable for the proper administration of particular departments if the identity of the Ministers who have been appointed to administer those departments is not publicised.”

Morrison’s multiple appointments were not announced and “there was no way the public could discern [them] from the Ministry list, or anywhere else.”

“The capacity of the public and the Parliament to ascertain which Ministers have been appointed to administer which departments is critical to the proper functioning of responsible government, because it is those appointments, when read together with the [administrative arrangements order], that determine the matters for which a Minister is legally and politically responsible.”

“To the extent that the public and the Parliament are not informed of appointments that have been made under s 64 of the Constitution, the principles of responsible government are fundamentally undermined.”

“Neither the people nor the Parliament can hold a Minister accountable for the exercise (or, just as importantly, for the non-exercise) of particular statutory powers if they are not aware that the Minister has those powers.”

“Nor can they hold the correct Ministers accountable for any other actions, or inactions, of departments.”

Morrison’s name did not appear in the ministry list in October 2021 in relation to any of the five departments he had been appointed to administer, the advice noted.

The solicitor-general said the undermining of responsible government did not depend on the extent to which Morrison exercised power.

Canvassing a number of ways the government could remedy the situation, including having all details put in ministry lists, the solicitor-general observed such measures would not bind future governments.

“For that reason, the Government might choose to entrench a requirement for the publication of appointments under s 64 of the Constitution by creating a statutory requirement for the publication of appointments”.

Albanese said he had told his department to work with the Office of the Official Secretary to the Governor-General to adopt a practice of publishing in the Commonwealth Gazette future appointments of ministers to administer departments. The government will also consider legislation to ensure such appointments are made public.

Governor-General David Hurley has come under public criticism for apparently not questioning the strange arrangement Morrison was making.

The solicitor-general noted, “The governor-general has no discretion to refuse to accept the prime minister’s advice in relation to such an appointment.”

Hurley himself has said he had no reason not to think the government would make the appointments public.

Albanese made it clear he would not criticise Hurley.

Asked whether Morrison should resign from parliament, Albanese said that is “a matter for Mr Morrison and his colleagues”.

“Quite clearly, I think Mr Morrison’s behaviour was extraordinary. It undermined our parliamentary democracy and he does need to be held accountable for it.”

Read more https://theconversation.com/morrisons-multiple-ministries-legal-but-flouted-principle-of-responsible-government-solicitor-general-189227

The Times Features

FedEx Australia Announces Christmas Shipping Cut-Off Dates To Help Beat the Holiday Rush

With Christmas just around the corner, FedEx is advising Australian shoppers to get their presents sorted early to ensure they arrive on time for the big day. FedEx has reveale...

Will the Wage Price Index growth ease financial pressure for households?

The Wage Price Index’s quarterly increase of 0.8% has been met with mixed reactions. While Australian wages continue to increase, it was the smallest increase in two and a half...

Back-to-School Worries? 70% of Parents Fear Their Kids Aren’t Ready for Day On

Australian parents find themselves confronting a key decision: should they hold back their child on the age border for another year before starting school? Recent research from...

Democratising Property Investment: How MezFi is Opening Doors for Everyday Retail Investors

The launch of MezFi today [Friday 15th November] marks a watershed moment in Australian investment history – not just because we're introducing something entirely new, but becaus...

Game of Influence: How Cricket is Losing Its Global Credibility

be losing its credibility on the global stage. As other sports continue to capture global audiences and inspire unity, cricket finds itself increasingly embroiled in political ...

Amazon Australia and DoorDash announce two-year DashPass offer only for Prime members

New and existing Prime members in Australia can enjoy a two-year membership to DashPass for free, and gain access to AU$0 delivery fees on eligible DoorDash orders New offer co...

Times Magazine

Quick Guide to Buying a Canopy Tent for Small Business Owners

Small businesses find it hard to afford conventional advertising because it is expensive and entails a lot of waste. Small business owners invariably find participating in trade fairs, exhibitions, fairs, and other outdoor events more productive ...

The Best Deals for Venue Rentals on a Budget

Are you looking for a cheap venue for your next event? Look no further! In this introduction, we will discuss the benefits of renting a venue near you at an affordable price. Renting a local venue can save you time and money on transportation, as w...

Skullcandy's New Skull-iQ Earbuds have one big advantage over key competition

Easy-to-Use, Voice-Driven Technology Platform Debuts With The All-New Push Active True Wireless And Grind True Wireless Earbuds, Unlocking A Range of Hands-Free Audio Experiences   Skullcandy®, the original lifestyle audio brand, announced to...

High-Quality Fabrics for Workwear

For anyone looking for high-quality fabrics for workwear, it is important to consider the functionality and comfort of the fabric when making a selection. It is essential to choose fabrics that are both durable and comfortable in order to ensure ...

Transform Your Vehicle with Car Wall Stickers

Welcome! Are you looking to add a unique touch to your home decor or spruce up a room in your house? Look no further than car wall stickers! Car wall stickers are the perfect way to bring a touch of nostalgia and fun to any space. Whether you're a ...

Give Dad the gift of good health this Father’s Day

According to Glenn Cross, chairman of EZZ Life Science, while Father’s Day usually triggers a frenzy of retail shopping among families desperate to buy gifts for dad to spoil him on his special day, there are many other things that families can d...